. . I... C ' 

Federal ~e~istei. / Vor. 62, No. 127 / Wednesday, July 2, 1997 1 Rules and Regulations 35681 

I 

uirements, Security measures, 

e, the Coast Guard amends 

t 165 as follows: 

ENVIRONMENTAL PROTEC'I'ION 

AGENCY 

40 CFR Part 52 

[TN lO4-1-9706(b); TN 148-1-9705(b); FRL5849-11 

Approval of Revisions to the 

Tennessee State Implementation Plan 

Regarding Visibility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the 

visibility protection chapter for the State 

of Tennessee submitted to EPA on 

February 9, 1993, and December 19, 

1994, by Tennessee, through the 

Tennessee Department of Environment 

and Conservation (TDEC). The intended 

effect of these revisions is to meet the 

requirements of the Clean Air Act (CAA) 

for the purpose of assuring visibility 

protection in mandatory Class 1 Federal 

areas. 

DATES: This final rule is effective 

September 2, 1997 unless adverse or 

critical comments are received by 

August 1, 1997. If the effective date is 

delayed, timely notice will $e published 

in the Federal Register. 

ADDRESSES: Written comments on this 

action should be addressed to William 

Denman at the Environmental 

Protection Agency, Region 4 Air 

Planning Branch, 61 Forsyth Street, SW, 

Atlanta, Georgia 30303. Copies of 

documents relative to this action are 

available for public inspection during 

normal business hours at the following 

locations. The interested persons 

wanting to examine these documents 

should make an appointment with the 

appropriate office at least 24 hours 

before the visiting day. Reference files. 

TN104-01-9706 and TN148-01-9705. 

The Region 4 office may have additional 

background documents not available at 

the other locations. 

Air and Radiation Docket and 

Information Center (Air Docket 6102), 

U.S. Environmental Protection 

Agency, 401 M Street, SW, 

Washington, DC 20460 

Environmental Protection Agency. 

Region 4 Air Planning Branch, 6 1 

Forsyth Street, SW. Atlanta, Georgia 

30303. William Denman 404/562- 

9030 

Tennessee Department of Environment 

and Conservation, Division of Air 

Pollution Control, 9th Floor L & C 

Annex, 401 Church Street, Nashville, 

Tennessee 37243-1531. 

FOR FURTHER INFORMATION CONTACT: 

William Denman at 404/562-9030. 

SUPPLEMENTARY INFORMATION: On 

February 9. 1993 (reference file TN104). 

and December 19. 1994 (reference file 

TN148) the State of Tennessee, through 

the Tennessee Department of 

Environment and Conservation (TDEC), 

submitted to the EPA for incorporation 

into their SIP, revisions to Chapter 

1200-3-9 "Construction and Operating 

Permits," a non-regulatory visibility 

long term strategy, and a new Chapter 

1200-3-23 "Visibility Protection." The 

EPA is taking no action on the revisions 

to Chapter 1200--3-9 because these 

revisions were replaced in a subsequent 

submittal and action was taken by EPA 

to approve these revisions on July 18, 

1996 (61 FR 37387). On May 6, 1997, 

Tennessee withdrew the nonregulatory 

portion of the visibility protection plan 

because Tennessee is revising its 

visibility long-term strategy to meet the 

requirements of 40 CFR 51 Subpart P. 

The EPA is approving the entire chapter 

1200-3-23 "Visibility Protection" into 

the SIP because it meets the regulatory 

requirements of 40 CFR 51 Subpart P. 

Tennessee's visibility protection chapter 

contains the following provisions for the 

protection of visibility in Federal Class 

i areas. 

1200-3-23-.O1 Purpose 

This section states that the purpose of 

this chapter is to assure reasonable 

progress toward meeting the goal of 

prevention of any future, and remedy of 

any existing impairment of visibility in 

mandatory Class I Federal areas in 

which impairment results from manmade air pollution. 

1200-3-2%. 02 Definitions 

Definitions of the following terms are 

included in this section: Best Available 

Retrofit Technology (BART), existing 

stationary facility, Federal Class I Area, 

fixed capital cost, in existence, in 

operation, mandatory Class I Federal 

Area, natural conditions, reconstruction, 

visibility impairment, significant , impairment, integral vista, continuous 

program of physical on-site 

construction, substantial loss, adverse 

impact on visibility, pollutant, apd 

reasonably attributable. The definitions 

are consistent with EPA and CAA 

requirements. 

1 200-3-23-.03 Genera1 Visibility 

Protection Standards 

This section states that no person 

shall cause or allow emissions in excess 

of the standards in this chapter, and that 

possession of a valid permit shall not 

protect the source from enforcement 

actions if permit conditions are not met. 

Also, upon mutual agreement of the 

owner/operator of a source and the 

Technical Secretary, a more restrictive 

emissions limitation than specified in 

this chapter may be established. 

operating parameters may be established 

as a binding limit. those limits will be 

stated as special condition(s) for any 

permit or order concerning the source. 

and violation of any accepted special 

limitation is grounds for revocation of 

the issued permit. 

1200-3-2%. 04 Specific Emission 

Standards for Existing Stationary 

Facilities 

This section states that for existing 

stationary sources which cause a 

visibility impairment in any mandatory 

Class I Federal Area, the Technical 

Secretary shall specify on the operating 

permit(s) as permit conditions the 

emission limitation that is best available 

retrofit technology (BART). 
35682 Federal Register / Voi. 62, No. 127 / Wednesday, July 2, 1997 I Rules and Regulations 

1 ZOO-3-23-.05 Specific Emission 

Standards for Existing Sources 

This section states that for any 

existing source that causes visibility 

impairment in any mandatory Class I 

Federal Area, the Technical Secretary 

may specify on the operating permit(s) 

an emissions limitation that is 

equivalent to BART. Ti~isection also 

states that existing sources subject to the 

provision of rule (.04) are not subject to 

the provisions of this Rule. 

1200-3-23-. 06 Visibility Standards for 

New and Modified Sources 

This section states that a new "major 

stationary source" or a "major 

modification" construction in an 

attainment area or unclassifiable area 

must meet Prevention of Significant 

Deterioration (PSD) requirements, and 

in a nonattainment area must meet 

applicable New Source Review (NSR) 

requirements. In addition, for any new 

source or modification, the Technical 

Secretary may require BART. 

1 200-3-23-. 07 Visibility Monitoring 

Requirements 

This section states that the Technical 

Secretary may require visibility 

monitoring in the vicinity of a source 

regulated by this Chapter and that the 

monitoring shall be done in accordance 

with the requirements as specified by 

the Technical Secretary. 

1200-3-23-. 08 Exemptions from BART 

Requirements 

This section provides exemptions 

from BART as follows: 

1. Any existing stationary facility 

subject to the BART requirement may 

apply to the Administrator of the EPA 

through the Technical Secretary for an 

exemption. 

2. An application under this rule must 

include all available documentation 

relevant to the impact of the source's 

emissions on visibility in any 

mandatoly Class I Federal Area and a 

demonstration by the existing stationary 

facility that it does not or will not, by 

itself or in combination with other 

sources. emit any air pollutant which 

may be reasonably anticipated to cause a significant impairment of visibility in 

any mandatory Class I Federal Area. 

3. A fossil-fuel fired power plant with 

a total generating capacity of 750 

megawatts or more may receive an 

exemption from BART only if the 

owner/operator demonstrates to the 

Technical Secretary that it is located at 

such a distance from all mandatory 

Class I Federal Areas that it will not 

emit any air pollutant which may 

reasonably be anticipated to cause 

significant impairment of visibility. 

4. The existing stationary source must 

give written notice to all affected 

Federal Land Managers of any 

application for exemption. 

5. The Federal Land Manager may 

provide an initial recommendation or 

comment on the disposition of such 

application. 

6. Within 90 days of receipt of an 

application for exemption the Technical 

Secretary will provide notice of receipt 

and notice of opportunity for public 

hearing. If the Technical Secretary 

concurs, the application for exemption 

will be forwarded to the Administrator 

of EPA who may grant or deny the 

exemption. An exemption granted by 

the Administrator of the EPA will be 

effective only upon concurrence by all 

affected Federal Land Managers. 

Final Action 

The EPA is approving the submitted 

revisions into the Tennessee SIP as 

described in the SUPPLEMENTARY 

INFORMATION section. The EPA is 

publishing this action without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comments. 

However, in a separate document in this 

Federal Register publication, the EPA is 

proposing to approve the SIP revision 

should adverse or critical comments be 

filed. This action will be effective 

September 2, 1997 unless, by August 1, 

1997 adverse or critical comments are 

received. 

If the EPA receives such comments. 

this action will be withdrawn before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will be addressed in 

a subsequent final rule based on this 

action serving as a proposed rule. The 

EPA will not institute a second 

comment period on this action. Any 

parties interested in commenting on this 

action should do so at this time. If no 

such comments are received, the public 

is advised that this action will be 

effective September 2, 1997. 

Nothing in this action should be 

construed as permitting or allowing or 

establishing a precedent for any future 

request for revision to any SIP. Each 

request for revision to the SIP shall be 

considered separately in light of specific 

technical, economic, and environmental 

factors and in relation to relevant 

statutory and regulatory requirements. 

Administrative Requirements 

A. Executive Order 12866 

This action has been classified as a 

Table 3 action for signature by the 

Regional Administrator under the 

procedures published in the Federal 

Register on January 19, 1989 (54 FR 

2214-2225), as revised by a July 10, 

1995. memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation. The Office of Management 

and Budget (OMB) has exempted this 

regulatory action from E.O. 12866 

review. 

B. Regulatory Flexibility Act 

Under the Regulatory Flexibility Act, 

5 U.S.C. 600 et seq.. EPA must prepare 

a regulatory flexibility analysis 

assessing the impact of any proposed or 

final rule on small entities. 5 U.S.C. 603 

and 604. Alternatively, EPA may certify 

that the rule will not have a significant 

impact on a substantial number of small 

entities. Small entities include small 

businesses, small not-for-profit 

enterprises, and government entities 

with jurisdiction over populations of 

less than 50,000. 

SIP approvals under section 110 and 

subchapter I, part D of the CAA do not 

create any new requirements but simply 

approve requirements that the State is 

already imposing. Therefore, becaufe 

the Federal SIP approval does not 

impose any new requirements, I certify 

that it does not have a significant impact 

on any small entities affected. Mereover, 

due to the nature of the Federal-State 

relationship under the CAA, preparation 

of a flexibility analysis would constitute 

Federal inquiry into the economic 

reasonableness of state action. The CAA 

forbids EPA to base its actions 

concerning SIPS on such grounds. 

Union Electric Co. v. US. EPA, 427 U.S. 

246, 255-66 (1976); 42 U.S.C. 7410(a)(2) 

and 7410(k)(3). 

C. Unfunded Mandates 

Under Section 202 of the Unfunded 

Mandates Reform Act of 1995 

("Unfunded Mandates Act"), signed 

into law on March 22. 1995, EPA must 

prepare a budgetary impact statement to 

accompany any proposed or final rule 

that includes a Federal mandate that 

may result in estimated costs to State. 

local, or tribal governments in the 

aggregate: or to private sector, of $100 

million or more. Under Section 205, 

EPA must select the most cost-effective 

and least burdensome alternative that 

achieves the objectives of the rule and 

is consistent with statutory 

requirements. Section 203 requires EPA 

to establish a plan for informing and 

advising any small governments that 

may be significantly or uniquely 

impacted by the rule. 

EPA has determined that the approval 

action promulgated does not include a 

Federal mandate that may result in 

estimated costs of $100 million or more 
-8 - t Federal Register / Vol. ., No. 127 / Wednesday, July 2, 1997 1 -.ules and Regulations 35683 

\ t 

to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This Federal action 

approves pre-existing requirements 

under State or local law, and imposes 

no new requirements. Accordingly, no 

additional costs to State, local. or tribal 

governments, or to the private sector. 

result from this action. 

D. Submission to Congress and the 

General Accounting Office 

Under 5 U.S.C. 801 (a)(l)(A) as added 

by the Small Business Regulatory : 

Enforcement Fairness Act of 1996. EPA 

submitted a report containing this rule 

and other required information to the 

US. Senate, the U.S. House of 

Representatives and the Comptroller 

General of the General Accounting 

Office prior to publication of the rule in 

today's Federal Register. This rule is 

not a "major rule" as defined by 5 

U.S.C. 804(2). 

E. Petitions for Judicial Review 

Under section 307(b)(l) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 2, 1997. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finaIity of this rule for the 

purposes ofjudicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b) (2) .) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control. Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 17, 1997. 

A. Stanley Meiburg, 

Acting Regional Administrator. 

Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows: 

PART 52--[AMENDED] 

1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 .U.S.C. 7401-7671q. 

Subpart RR-Tennessee 

2. Section 52.2220 is amended by 

adding paragraph (c) (1 47) to read as 

follows: 

3 52.2220 Identification of plan. k1900). Environmental Protection 1 

(c) * * * 

(147) Addition of a new chapter 

1200-3-23 "Visibility Protection" to the 

Tennessee Air Pollution Control 

Regulations submitted by the Tennessee 

Department of Environment and 

Conservation on February 9, 1993, and 

December 19, 1994. 

(i) Incorporation by reference. 

(A) Chapter 1200-3-23 "Visibility 

Protection," effective July 24, 1994. 

(ii) Other material. None. 

***** 

[FR Doc. 97-17183 Filed 7-1-97: 8:45 am] 

BILLING CODE 6560404' 

VIRONMENTAL PROTECTION 

40 \FFR Part 180 / 

RIN 2d,70-~878 1 

ing requests. identified by the 

or ASClI file fo 

FOR FURTHE